Do not confuse patent validity issues with patent infringement issues. Moreover it often happens that an earlier issued patent of a first inventor with claims of broader/dominant scope will be infringed by later developed "improvements" of narrower scope that are also the subject of one or more patents. Those improvements may well be new, useful and nonobvious to those of skill in the art in light of the first issued, broader patent[hence separately patentable notwithstanding the first issued patent], yet nevertheless infringe the properly interpreted claims of that first issued patent.
I do not mean the above short, generalized analysis to necessarily apply to any issue(s) in the TRCA/DNA v. INSM case.
Because of the type of work I do in the patent field, I do not wish to commit myself publicly on merits issues in particular cases when not in court. Such opinions do at times come back to haunt one in other situations.
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